Civil Procedure, 1908.‖
3.(i) What is „partition‟ is not defined either in the Partition Act or in the Stamp
Act or in the Code ... partition‟ had a different meaning than the meaning of the expression „partition‟ under
the Mitakshara School of Law. Under the Dayabhaga Law partition meant partition
becomes a final order for effecting partition by partitioning the
sale proceeds vide Section 8 of the Partition Act read with Section ... sale of a property of which partition is sought.
Therefore, the successor Section 8 of the Partition Act, provides that
an order of sale when
there were also similar
provisions contained in Section 4 of the Partition Act, 1893 and Section 23
of the Hindu Succession Act, 1956, latter provision ... Hindu Succession Act, 1956
and provisions of agnate and cognate acts being Section 4 of the
Partition Act, 1893 and Section 44 of the Transfer
explained that "partition" means any
partition made by execution of a deed of partition duly
registered under the Registration Act, 1908 or partition ... find out
whether the partition has been effected before 20.12.2004
by deed of partition duly registered under the
Registration Act, 1908 or by a decree
Hindu Succession
Act by the Amending Act of 2005 whereby daughters were given a
share) however the widow of the Karta on partition gets ... Hindu Succession Act as originally
existed would continue to act as a bar for a woman to seek partition of
the Hindu Undivided Family
rights will be available
to the appellants as provided in the Partition Act and Section 22 of the
Hindu Succession Act.
4. The appeal
Section 2(15) of the Indian Stamp Act, 1899, an instrument of
partition includes a decree which is passed by a Court. Stamp duty ... payable as
per Article 45 of the Stamp Act, 1899 on an instrument of partition. Once there
exists a preliminary decree declaring the shares
suit
property since partition of the country. PW1 did not mean partition of the
country by the word "partition" is also clear from ... portion since the day the property was
acquired. Hence by partition he meant partition of the property.
27. Plaintiff has not been successful in proving
subject
matter of the Delhi Land Reforms Act, 1954 , however, a suit for partition,
only of the nature comprised in Section 55 of the said ... Land Reforms Act, 1954 , however, since the Delhi Land Reforms Act
actually is an amalgam of different provisions/aspects of Land Reforms Acts
which were
Stamp Act,1899 read with Section
2(15) of the said Act, as per which, a decree of a Court for partition would ... Section 2(15) of the Indian Stamp Act, 1899, an instrument
of partition includes a decree which is passed by a Court. Stamp duty
